Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Can you tell me what state this is in?
Did the landlord give you a written notice to pay rent or vacate?
Were you ever served by the sheriff or constable with a summons to go to court for an eviction case?
Have you called the court to see if there actually was a case against you in court?
Who put the letter on your door saying you would be evicted and when was this? Yesterday?
Ok, this sounds like a bluff to me because in order for the landlord to legally be able to evict you, he has to go through the courts and get a formal judgement of eviction. The sheriff would serve you with a summons to come to court and have an opportunity to defend.
Further, before the landlord can even file an eviction action in court, he has to give you or post on the door a 5 day notice to pay or vacate and give you at least 5 days after posting or delivering for you to pay the full rent and any late fees. Until he does that, he can't file a court eviction.
So this sounds like the landlord is just trying to scare you into thinking he actually filed an eviction when he didn't.
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
You are very welcome. Happy to help any time.
And you might want to call down to the local court house to confirm what I suspect in that no legal eviction case has been filed...
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